OSHA Pitfalls to Avoid in 2021
OSHA just issued a heap of new proposed rules and took other agency actions as part of broader deregulatory efforts at the U.S. Department of Labor (DOL) – which are being called one of the most ambitious federal red tape...more
Effective March 23, 2022, the Virginia occupational safety and health standard on COVID-19 (the Standard) has been revoked. The Standard established protocols that Virginia employers were required to follow to control,...more
Nearly two years after enacting the first-in-the-nation permanent COVID-19 workplace safety and health standard, the Virginia Safety and Health Codes Board (the “Board”) has voted to rescind its COVID-19 standard. The...more
OSHA has just announced it is partially reopening the record on the rulemaking for the permanent healthcare COVID-19 standard known as the rule on Occupational Exposure to COVID-19 in Healthcare Settings....more
Virginia has drafted workplace guidance in the event it strikes down its first-in-the-nation COVID-19 standard. On his first day in office, Governor Glenn Younkin declared Virginia “open for business” and issued...more
As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more
On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”) announced that it is withdrawing the November 5, 2021, Vaccine or Testing Emergency Temporary Standard (Vaccination and Testing ETS), which...more
The Occupational Safety and Health Administration announced today that, effective tomorrow, January 26, 2022, it will withdraw its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or weekly testing/masking...more
If you’re wondering what to do in the wake of the United States Supreme Court’s decision striking down the OSHA’s Emergency Temporary Standard mandating COVID-19 vaccination and testing, you’re not alone. Unfortunately, there...more
As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more
Following its loss at the Supreme Court last week, one might expect the Occupational Safety and Health Administration to throw its hands up and abandon efforts to treat COVID-19 spread as a workplace safety concern. Early...more
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more
What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more
On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more
On November 12, 2021, in BST Holdings, L.L.C. et al., v. Occupational Safety and Health Administration, the U.S. Court of Appeals for the Fifth Circuit affirmed the initial temporary stay of the Occupational Safety and Health...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more
On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks...more
On August 13, 2021, OSHA updated Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Guidance) related to the COVID-19 vaccine and masking. The Guidance now incorporates the...more
The Occupational Safety and Health Administration (OSHA) recently updated its nonbinding COVID-19 guidance applicable to all industries not otherwise covered by its Emergency Temporary Standard (ETS). The primary purpose of...more
In response to the modified COVID-19 recommendations published by the Centers for Disease Control and Prevention (CDC) on July 27, 2021, on Friday, August 13, 2021, the Occupational Safety and Health Administration (OSHA)...more
On August 13, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published its updated COVID-19 guidance to account for the U.S. Centers for Disease Control and Prevention’s (CDC) July 27, 2021, guideline...more
The Occupational Safety and Health Administration announced today that it is “recommending” that “fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protected unvaccinated...more
On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect. While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the...more
Since the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) offered new COVID-19 guidance allowing fully vaccinated individuals to avoid wearing masks or social...more